When I filed my form 1, I did so on the basis of a 10.5 LMT upper. Now I've been reading about 11.5, and I want to sell the LMT to buy a BCM 11.5. I've heard you can't sell the original upper, as then it wouldnt be readily returnable to the original state. What say the hive?

sell it and get the bcm upper if you want , or you could keep the 10.5" lmt and get the bcm 11.5" and have both.  they are both great uppers

there is no requirement for you to retain the original upper , or caliber.  though if you are a nice person you can write the atf a letter to notify them of the change so they can change it in the register , but again it's not required

This. Nothing un-kind about it. I wouldn't notify them.

The lower is the SBR...the upper has nothing to do with it...so do what you want with it (the upper).

digging around I found this ATF letter  from 08, that says, "temporary**  installing other barrel lengths or calibers would not constitute a violation". then it goes on to say. however, ATF "recommends"  that any permanent change to the description of the registered firearm  NFA branch should be notified so their records are up to date.

**lasting for only a limited period of time; not permanent

http://i108.photobucket.com/albums/n33/blocksender/nfadeterminationletter.jpg

now the way I read that, a temporary changing in either the length or caliber from the registered description is GTG. but, temporary  means that then has to be put back to what the registered form says. if it's a permanent  change then it's "recommended" to have the NFA branch notified.

so there you have it, if you go from 10.5 to 11.5 inches, it's "recommended" you notify the NFA branch.

did I said it did? no.  I'm just giving him  what the ATF tech branch letter states in black and white on the subject. so he can make his own decision. last sentence in my post should have made it clear

so there you have it, if you go from 10.5 to 11.5 inches, it's "recommended" you notify the NFA branch.



is that OK with you?

Quite the Ghoulish response.

WTF?  BW is kind of the Elder Statesman around here, with nary a bad word to say to anyone, and I read his response to your comment as "Yeah, Brother, testify!"

Kinda spring loaded, aren't ya?

Everything I've gathered in several years of being a follower of Big Waylon's (mostly) kind education says that first, once your lower has its stamp, you can put any upper you want on an SBR lower, and that second, you do not have any requirement to keep the original upper - or even an upper with the original configuration (barrel/overall length and caliber) on your Form 1.

To me, the bottom line is that once the lower is registered, the upper it wears is irrelevant.  My first SBR is registered with a 9mm, 10.5" barrel, which is so much fun to shoot, I'm not getting rid of it.  But I also have an 8" upper in 300 Blackout, and a pretty much accurate M4 upper with a DD 14.5" barrel and KAC rail, etc.  They're all legal.

Wow.

I would recommend some sort of an apology be submitted to BW. It's not a requirement just a recommendation.

Let's make it easy... we will consider any response to this post an apology.

I "Recommend" you lose the attitude or you won't be here long I'd bet. BW is a huge asset to this board and was not arguing your post.

May I kindly request that we secure the purses, and avoid any more swinging of said same purses?

The technical facts are as we've presented: there's an "original configuration" with which an SBR is registered.  If you "permanently" dispose of the upper in that original configuration, the NFA Branch has requested and recommended that you inform them in writing of the new configuration, so that they can keep the NFA database as correct as possible (a Congressional mandate).

The original configuration includes barrel length, overall length, and caliber.  That's it.  Muzzle devices, handguards, even the type of bare upper receiver have no bearing on that configuration.  Further, that letter you send because you got rid of the 11.5" barrel and replaced it with a 10.0" barrel may not even be acknowledged by the NFA Branch for a very long time (if ever).  No big deal.  Nothing about this involves revoking your stamp.

Fwiw, it is my understanding that the fist assembly of your SBR needs to be in the configuration you provided in the Form 1 paperwork. If it is not going to be first assembled then your paperwork needs to be amended to be in compliance with what your first assembled configuration will be.

After first assembly in the configuration you specified in the Form 1 paperwork that, do what you want.

So, maybe to be safe, keep the current upper until you get the stamp, assemble the SBR for which you filed the Form 1 and then have at it.

Fwiw, I like 10.5" better than 11.5". I notice that extra 1" out of all proportion to the % increase in OAL or barrel length.

JPK